Page:United States Statutes at Large Volume 113 Part 3.djvu/70

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113 STAT. 1588 PUBLIC LAW 106-117—NOV. 30, 1999 38 USC 7296 note. 38 USC 7296 note. President. Deadline. SEC. 1002. DEFINITION. In this title, the term "Court" means the United States Court of Appeals for Veterans Claims. Subtitle A—Transitional Provisions To Stagger Terms of Judges SEC. 1011. EARLY RETIREMENT AUTHORITY FOR CURRENT JUDGES. (a) RETIREMENT AUTHORIZED.— One eligible judge may retire in accordance with this section in 2000 or 2001, and one additional eligible judge may retire in accordance with this section in 2001. (b) ELIGIBLE JUDGES. —For purposes of this section, an eligible judge is a judge of the Court (other than the chief judge) who— (1) has at least 10 years of service creditable under section 7296 of title 38, United States Code; (2) has made an election to receive retired pay under section 7296 of such title; (3) has at least 20 years of service described in section 7297(1) of such title; and (4) is at least 55 years of age. (c) MULTIPLE ELIGIBLE JUDGES. —I f for any year specified in subsection (a) more than one eligible judge provides notice in accordance with subsection (d), the judge who has the greatest seniority as a judge of the Court shall be the judge who is eligible to retire in accordance with this section in that year. (d) NOTICE. — An eligible judge who desires to retire in accordance with this section with respect to any year covered by subsection (a) shall provide to the President and the chief judge of the Court written notice to that effect and stating that the judge agrees to the temporary service requirements of subsection (j). Such notice shall be provided not later than April 1 of that year and shall specify the retirement date in accordance with subsection (e). Notice provided under this subsection shall be irrevocable. (e) DATE OF RETIREMENT.—A judge who is eligible to retire in accordance with this section shall be retired during the calendar year as to which notice is provided pursuant to subsection (d), but not earlier than 30 days after the date on which that notice is provided pursuant to subsection (d). (f) APPLICABLE PROVISIONS.— Except as provided in subsections (g) and (j), a judge retired in accordance with this section shall be considered for all purposes to be retired under section 7296(b)(1) of title 38, United States Code. (g) APPLICABILITY OF RECALL STATUS AUTHORITY.—The provisions of section 7257 of this title shall apply to a judge retired in accordance with this section as if the judge is a judge specified in subsection (a)(2)(A) of that section. (h) RATE OF RETIRED PAY. —The rate of retired pay for a judge retiring in accordance with this section is— (1) the rate applicable to that judge under section 7296(c)(1) of title 38, United States Code, multiplied by (2) the fraction (not in excess of 1) in which— (A) the numerator is the number of years of service of the judge as a judge of the Court creditable under section 7296 of such title; and (B) the denominator is 15.